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GABRIEL v. BAUMAN

No. 26589.

847 N.W.2d 537 (2014)

2014 S.D. 30

Areyman E. GABRIEL, Plaintiff and Appellant, v. Tim J. BAUMAN, Chester Rural Fire Protection District, and Chester Fire Department, Defendants and Appellees.

Supreme Court of South Dakota.

Decided May 21, 2014.

Attorney(s) appearing for the Case

Peter J. Bendorf , Sioux Falls, South Dakota, and Gary W. Schumacher , Wilkinson & Wilkinson, De Smet, South Dakota, Attorneys for plaintiff, and appellant.

Lisa M. Prostrollo , Michael L. Luce , Murphy, Goldammer & Prendergast, LLP, Sioux Falls, South Dakota, Attorneys for defendant and appellee Tim J. Bauman.

Michael J. Schaffer , Paul H. Linde , Schaffer Law Office, Prof., LLC, Sioux Falls, South Dakota, Attorneys for defendants and appellees Chester Rural Fire, Protection District & Chester, Fire Department.

KONENKAMP, Justice.

[¶ 1.] Responding to an emergency, a volunteer firefighter speeding on his way to the fire station struck a vehicle crossing an intersection, injuring the plaintiff and his passenger. In the suit against the firefighter and his local fire district, plaintiff alleged that the firefighter's conduct was willful, wanton, and reckless and that the fire department negligently trained the firefighter and inadequately equipped the firefighter's vehicle...

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